Equal Credit Opportunity
Credit is used by millions of consumers to finance an education or a house, remodel a home, or get a small business loan.
The Equal Credit Opportunity Act (ECOA) ensures that all consumers are given an equal chance to obtain credit. This doesn't mean all consumers who apply for credit get it: Factors such as income, expenses, debt, and credit history are considerations for creditworthiness.
The law protects you when you deal with any creditor who regularly extends credit, including banks, small loan and finance companies, retail and department stores, credit card companies, and credit unions. Anyone involved in granting credit, such as real estate brokers who arrange financing, is covered by the law. Businesses applying for credit also are protected by the law.
When You Apply For Credit, A Creditor May Not...
* Discourage you from applying because of your sex, marital status, age, race, national origin, or because you receive public assistance income.
* Ask you to reveal your sex, race, national origin, or religion. A creditor may ask you to voluntarily disclose this information (except for religion) if you're applying for a real estate loan. This information helps federal agencies enforce anti-discrimination laws. You may be asked about your residence or immigration status.
* Ask if you're widowed or divorced. When permitted to ask marital status, a creditor may only use the terms: married, unmarried, or separated.
* Ask about your marital status if you're applying for a separate, unsecured account. A creditor may ask you to provide this information if you live in "community property" states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington. A creditor in any state may ask for this information if you apply for a joint account or one secured by property.
* Request information about your spouse, except when your spouse is applying with you; your spouse will be allowed to use the account; you are relying on your spouse's income or on alimony or child support income from a former spouse; or if you reside in a community property state.
* Inquire about your plans for having or raising children.
* Ask if you receive alimony, child support, or separate maintenance payments, unless you're first told that you don't have to provide this information if you won't rely on these payments to get credit. A creditor may ask if you have to pay alimony, child support, or separate maintenance payments.
When Deciding To Give You Credit, A Creditor May Not...
* Consider your sex, marital status, race, national origin, or religion.
* Consider whether you have a telephone listing in your name. A creditor may consider whether you have a phone.
* Consider the race of people in the neighborhood where you want to buy, refinance or improve a house with borrowed money.
* Consider your age, unless:
> you're too young to sign contracts, generally younger than 18 years of age;
> you're 62 or older, and the creditor will favor you because of your age;
> it's used to determine the meaning of other factors important to
creditworthiness. For example, a creditor could use your age to determine if
your income might drop because you're about to retire;
> it's used in a valid scoring system that favors applicants age 62 and
older. A credit-scoring system assigns points to answers you provide to credit
application questions. For example, your length of employment might be scored
differently depending on your age.
The FTC cannot intervene in individual disputes, but the information you provide may indicate a pattern of possible law violations that require action by the Commission.
If your complaint concerns a nationally-chartered bank (National or N.A. will be part of the name), write to:
Comptroller of the Currency
Compliance Management
Mail Stop 7-5
Washington, DC 20219
If your complaint concerns a state-chartered bank that is insured by the
Federal Deposit Insurance Corporation but is not a member of the Federal Reserve
System, write to:
Federal Deposit Insurance Corporation
Consumer Affairs Division
Washington, DC 20429
If your complaint concerns a federally-chartered or federally-insured savings
and loan association, write to:
Office of Thrift Supervision
Consumer Affairs Program
Washington, DC 20552
If your complaint concerns a federally-chartered credit union, write to:
National Credit Union Administration
Consumer Affairs Division
Washington, DC 20456
Complaints against all kinds of creditors can be referred to:
Department of Justice
Civil Rights Division
Washington, DC 20530
For More Information
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.